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ARMY | BCMR | CY2008 | 20080006612
Original file (20080006612.txt) Auto-classification: Approved

	IN THE CASE OF:	  

	BOARD DATE:	  17 July 2008

	DOCKET NUMBER:  AR20080006612 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show that he was born in Mesilla, New Mexico on 27 April 1929 and that he has brown eyes.

2.  The applicant states that his DD Form 214 is incorrect. 

3.  The applicant provides copies of his DD Form 214, birth certificate, and United States Citizen’s Identification Card.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

3.  The applicant’s DD Form 214 shows that he was inducted into the Army of the United States on 26 February 1951.  He served with the 167th Infantry Division.  

4.  On 25 November 1952, the applicant was released from active duty and transferred to the Enlisted Reserve Component.  He had attained the rank of private first class and had completed 1 year and 9 months of creditable active duty.

5.  Item 10 (Date of Birth) of the applicant’s DD Form 214 shows that he was born on 27 July 1929.  Item 11 (Place of Birth) of this same form shows Maxilla, New Mexico.  Item 12 (Description) of this same form shows his eye color as blue.

6.  The applicant’s birth certificate, issued on 26 March 2008, shows that he was born on 27 April 1929 in the county of Dona Ana, in New Mexico.

7.  The applicant’s United States Citizen’s Identification Card, issued on 
17 December 1938, shows that his eye color is brown and that he was born in Mesilla, New Mexico.

8.  An atlas shows that Mesilla is located in Dona Ana County, in the state of New Mexico.  It does not show a location named Maxilla, New Mexico.

DISCUSSION AND CONCLUSIONS:

The available evidence clearly shows that the applicant’s DD Form 214 contains incorrect data with regard to his date and place of birth and to his color of eyes.  Therefore, his records should be corrected to show that he was born on 27 April 1929 in Mesilla, New Mexico and that his eyes are brown. 

BOARD VOTE:

____X___  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in the appropriate items of his DD Form 214, that he was born on 
27 April 1929 in Mesilla, New Mexico, and that his eyes are brown.







__________ _X   _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20080006612



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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